§ 19. Consideration of costs and benefits and antitrust laws
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/usc/title-7/section-19A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Costs and benefits
(1)In general Before promulgating a regulation under this chapter or issuing an order (except as provided in paragraph (3)), the Commission shall consider the costs and benefits of the action of the Commission.
(2)Considerations The costs and benefits of the proposed Commission action shall be evaluated in light of—
(A)considerations of protection of market participants and the public;
(B)considerations of the efficiency, competitiveness, and financial integrity of futures markets;
(C)considerations of price discovery;
(D)considerations of sound risk management practices; and
(E)other public interest considerations.
(3)Applicability This subsection does not apply to the following actions of the Commission:
(A)An order that initiates, is part of, or is the result of an adjudicatory or investigative process of the Commission.
(B)An emergency action.
(C)A finding of fact regarding compliance with a requirement of the Commission.
(b)Antitrust laws The Commission shall take into consideration the public interest to be protected by the antitrust laws and endeavor to take the least anticompetitive means of achieving the objectives of this chapter, as well as the policies and purposes of this chapter, in issuing any order or adopting any Commission rule or regulation (including any exemption under section 6(c) or 6c(b) of this title), or in requiring or approving any bylaw, rule, or regulation of a contract market or registered futures association established pursuant to section 21 of this title.
(Sept. 21, 1922, ch. 369, § 15, as added Pub. L. 93–463, title I, § 107, Oct. 23, 1974, 88 Stat. 1395; amended Pub. L. 102–546, title V, § 502(b), Oct. 28, 1992, 106 Stat. 3631; Pub. L. 106–554, § 1(a)(5) [title I, § 119], Dec. 21, 2000, 114 Stat. 2763, 2763A–403.)
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- Public Law 93–463To amend the Commodity Exchange Act to strengthen the regulation of futures trading, to bring all agricultural and other commodities traded on exchanges under regulation, and for other purposes
- Public Law 106–554Making consolidated appropriations for the fiscal year ending September 30, 2001, and for other purposes
- Public Law 102–546To amend the Commodity Exchange Act to improve the regulation of futures and options traded under rules and regulations of the Commodity Futures Trading Commission; to establish registration standards for all exchange floor traders; to restrict practices which may lead to the abuse of outside custom
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10 references not yet in our index
- Sept. 21, 1922, ch. 369, § 15
- Pub. L. 93–463, title I, § 107
- 88 Stat. 1395
- Pub. L. 102–546, title V, § 502(b)
- 106 Stat. 3631
- Pub. L. 106–554, § 1(a)(5) [title I, § 119]
- 114 Stat. 2763
- Pub. L. 106–554
- Pub. L. 102–546
- section 418 of Pub. L. 93–463
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cites case law
§ 19
Consideration of costs and benefits and antitrust laws
Fed. Reg.×470
Bills×29
Stat.×3
Stat. Comp.×1
ActSept. 21, 1922, ch. 369, § 15
Pub. L.Pub. L. 93–463, title I, § 107
Stat.88 Stat. 1395
Pub. L.Pub. L. 102–546, title V, § 502(b)
Stat.106 Stat. 3631
Cites 12 · showing 7Cited by 503 across 4 sources